Drybrook leasehold conveyancing: Q and A’s
Harry (my fiance) and I may need to rent out our Drybrook ground floor flat temporarily due to a career opportunity. We used a Drybrook conveyancing practice in 2003 but they have closed and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
Even though your last Drybrook conveyancing solicitor is not available you can check your lease to see if it allows you to sublet the apartment. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without first obtaining permission. Such consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
I today plan to offer on a house that seems to be perfect, at a great price which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Drybrook. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Drybrook ?
Most houses in Drybrook are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Drybrook so you should seriously consider looking for a Drybrook conveyancing practitioner and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your solicitor will advise you fully on all the issues.
Last month I purchased a leasehold property in Drybrook. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Can you offer any advice when it comes to appointing a Drybrook conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Drybrook conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Drybrook conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- How many lease extensions have they carried out in Drybrook in the last twenty four months?
We expect to complete the disposal of our £425000 flat in Drybrook on Tuesday in a week. The managing agents has quoted £312 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Drybrook?
For most leasehold sales in Drybrook conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Answering pre-contract enquiries
- Where consent is required before sale in Drybrook
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Drybrook Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing
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On the whole the cost for major works are not wrapped into the service charges, although some managing agents in Drybrook obliged leasehold owners to contribute towards a reserve fund created for the specific intention of establishing a fund for major works.
Does the lease include onerous restrictions?
It would be prudent to discover as much as you can concerning the company managing the building as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the cleanliness of the common parts. Ask other tenants what they think of them. In conclusion, find out the dates that the service charges are due to the relevant party and specifically what you get for your money.
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